South Florida Criminal Defense Lawyer Blog
FIDO IS A FINK!
A dog working for the police validated a drug possession arrest because it happened fast. The four minute rule is under assault.
Drug trafficking and drug possession cases are a top priority for cops in Fort Lauderdale. Searches incident to a traffic stop have always been a major suppression issue. Miami and Fort Lauderdale criminal lawyers are always litigating the time between a lawful stop and a drug dog search. Here’s the latest doggerel…
A dog sniff at the time of a traffic stop which took only a minute was not a violation of the search and seizure rules. See: Barbee, a July 2008 Federal case out of Ohio.
The court determined that the traffic stop was justified by the trooper’s suspicion that Barbee had committed two traffic violations. The drug arrest was validated by the drug sniffing dog’s signal drugs were in the car.
At hearing the cop said he was writing citations when the drug-sniffing dog alerted.
The cop didn’t need any additional suspicion to justify the canine sniff and the arrest was upheld.